Ms Justice Marie Baker, a Supreme Court judge, has been honoured with heartfelt accolades upon her retirement. As she accepted these commendations in a filled to capacity Supreme Court on Monday, Justice Baker shared her story of originating from an academically inclined, but not privileged, family. She recounted how both her parents, who themselves discontinued their education before achieving Leaving Certificates, were nonetheless strong advocates of education for their five offspring.
Her late father, who worked as a postmaster, instilled principles of public service and moral correctness, and would have been personally gratified by her accomplishments and what it represented in terms of Ireland’s progress. Justice Baker cited her non-privileged upbringing, her gender, and her origin from Cork as challenges she faced, but managed to overcome these ‘disadvantages’ resulting in a successful tenure as a Supreme Court Judge, which she fully enjoyed.
Her journey, she claimed, portrays the court as a reflection of society, much more than its common perception. When she first joined the Bar 40 years ago, Justice Baker found herself amidst one female High Court Judge and a sparse number of women barristers. She extended her gratitude to these pioneer women. Presently, women account for four out of ten Supreme Court Judges and comprise over 40% of the judiciary. Asserting these figures as nearly just, Justice Baker believes gender diversity contributes to improving the court’s legitimacy and societal representation.
In her view, her tenure as a Supreme Court judge has most certainly been the pinnacle of her career, despite being difficult and often isolating. This was clearly exhibited during her stint as a High Court judge when ruling on a complicated case involving a fasting inmate who declined medical intervention. Her ruling validated the prisoner’s refusal of nutrient intake, a decision that would endure even if he became incapable of making such decisions.
The judicial system’s role isn’t to echo the prevailing or popular views, but to deliver verdicts based on fairness, legitimacy, consistency, objectivity and reliability, commented Justice Baker. She conveyed her hope for having executed her duties with these values in mind, presumably mirroring her father’s moral compass. She further held up the Irish judiciary as one that is highly revered.
In the preceding year, her household played host to a female judge from Afghanistan, who was compelled to leave her homeland. The judge’s life, along with the lives of her children and husband, were in peril due to her line of work. Having relocated to Cork, the Afghan woman was stripped of her cherished job and the liberty to perform her duties, in accordance with her interpretation of the rule of law. The justice emphasized the crucial importance of upholding the rule of law and ensuring our judges the freedom to exert it without intimidation.
The honourable Justice Baker extended her gratitude towards her deceased husband, her parents, her two sons by the names of Tim and Donal, and towards her peers in the judiciary and the bar, along with her siblings, friends and court staff she had partnered with. Additionally, Chief Justice Donal O’Donnell expressed his regret for the absence Justice Baker, a former philosophy student turned lawyer, would leave behind, both on a personal level and also for her clarity in thought and language.
Justice Baker’s service was a result of her dedication to the public, conveyed Attorney General Rossa Fanning, asserting that she brought intellectual diligence, impartiality and compassion into her office. Salutes were extended to Justice Baker by Chairwoman of the Bar Council, Sara Phelan SC, President of the Law Society, Barry McCarthy, Supreme Court Registrar, John Mahon, among other significant figures. Fanning also recognised Justice Baker’s significant contribution to Irish law, particularly pertaining to probate, constitutional rights, and personal insolvency.
Justice Baker is set to remain a central figure as she undertakes the role of Chairwoman of the Electoral Commission, Fanning noted.